Problems that arise in running a family business sometimes manifest themselves as legal claims. That seems obvious when the company gets sued by an employee or vendor or customer, but can also occur when the other owners choose to invoke the courts when they suspect another family member of financial improprieties or mismanagement. Anger at the alleged offender can then fuel the fires of litigation, turning the conflict into a costly experience that can not only destroy the business, but can also destroy the family. And litigation may never resolve the underlying causes of the conflict, which could stem from sibling rivalry, parental favoritism, or some form of abuse. Those underlying causes of conflict can’t always be resolved, but they […]

How do we know whether those with whom we are dealing have hostile intentions? How do we establish communication with them? How do we develop trust? The new science fiction movie Arrival addresses these common problems in conflict resolution. Confronted by forces that appear new and dangerous, our human instincts urge us to fight or flight. Those instincts may also lead us to interpret ambiguous gestures in a threatening way. We face these challenges even when we are dealing with people we know who are speaking our language. Imagine being confronted by an alien race that communicates with symbols we have no key to interpret. The movie nicely illustrates the linguistic complexities involved in asking a simple question like, “What is […]

Senator George Mitchell, the architect of the Northern Ireland peace agreements, spoke at the SCMA Conference the Saturday just before the election. Not knowing or making any assumptions about who would win, Senator Mitchell addressed what we, and the next president, need to do next to help bring us together and solve some urgent problems. He stressed the importance of listening to opposing views, and working together to find consensus on policy issues. Our political system is supposed to encourage that kind of cooperation because our system of separation of powers, unlike a parliamentary system, rarely puts one party in total control of the government. So what tends to result when the two parties fail to cooperate is political gridlock. […]

Dorit Cypis put together an interesting workshop at the SCMA conference this past weekend, in which participants explored the power of forming small groups to engage in dialogue. This format has been used successfully in a number of contexts to allow different points of view in a community to be expressed and understood. (See my post below on the Days of Dialogue programs on the future of policing.) It works because the participants in these groups learn to see one another as human beings They feel safe in telling their stories and expressing their feelings because they are taught to listen respectfully when other members of the group do the same. The topic in our small groups at this conference was […]

Joseph C. Markowitz

Joseph C. Markowitz has published this blog, focusing on mediation and other forms of conflict resolution, since 2009. Mr. Markowitz practices law under the name "Law Offices of Joseph C. Markowitz," sharing space with three other attorneys in downtown Los Angeles. He has been in practice since 1980, emphasizing employment law, intellectual property, and general business disputes. Mr. Markowitz was trained as a mediator in 1994, and has served on one state court and two federal court mediation panels, in addition to handling private mediations. He also served as president of the Southern California Mediation Association in 2014.

For more information about Mr. Markowitz’s law and dispute resolution practice, go to jcmarkowitz.com